Blossom v. Goodwin
Massachusetts Supreme Judicial Court
This was an action of covenant, brought against the intestate, Samuel Goodwin, in his lifetime, and had been continued upon a suggestion * of his death, for the purpose of [ * 503 J notifying his executor or administrator to defend the suit. At June term, 1804, Rebecca Goodwin came in as administratrix, accordingly. It was then continued at her motion, and has since been further continued to the present term.
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This was an action of covenant, brought against the intestate, Samuel Goodwin, in his lifetime, and had been continued upon a suggestion * of his death, for the purpose of [ * 503 J notifying his executor or administrator to defend the suit. At June term, 1804, Rebecca Goodwin came in as administratrix, accordingly. It was then continued at her motion, and has since been further continued to the present term. And now the counsel for the defendant moved for a further continuance, on the ground, that since the death of Samuel Goodwin, pending this suit, his estate had been represented…
1Opinion of the CourtThacher, J.
According to my present recollection, the practice has uniformly been as stated by the counsel for the plaintiff, The action having been commenced, previous to the representation * of insolvency, and a right thereby attached in [ * 5©4 ] the plaintiff. I am of opinion, that he has his election to *376proceed to trial here, and have his damages ascertained by the jury, or to lay his claim before the commissioners..
Sewall, J.
The existing statute, for the distribution of insolvent estates, has intended, as I understand it, a material alteration from the former statute on the same subject, in the…
2Cited by1 opinion
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